Legislation – The Criminal Procedure Rules 2020
PART 1
THE OVERRIDING OBJECTIVE
1.2 The duty of the participants in a criminal case
1.3 The application by the court of the overriding objective
PART 2
UNDERSTANDING AND APPLYING THE RULES AND POWERS OF AUTHORISED COURT OFFICERS
2.3 References to legislation, including these Rules
2.4 Exercise of court’s functions by authorised court officers: general rules
2.5 Exercise of functions of the Court of Appeal
2.6 Exercise of functions of the High Court
2.7 Exercise of functions of the Crown Court
2.8 Exercise of functions of a magistrates’ court
2.9 Exercise of functions of a District Judge (Magistrates’ Courts) in extradition cases
2.10 Court’s power to extend time under rule 2.6 or rule 2.7
PART 3
CASE MANAGEMENT
3.4 Case progression officers and their duties
3.5 The court’s case management powers
3.6 Application to vary a direction
3.7 Agreement to vary a time limit fixed by a direction
3.8 Case preparation and progression
3.10 Directions for commissioning medical reports, other than for sentencing purposes
3.11 Hearing to inform the court of sensitive material
3.12 Readiness for trial or appeal
3.13 Conduct of a trial or an appeal
3.15 Court’s power to vary requirements under this Part
3.16 Pre-trial hearings in a magistrates’ court: general rules
3.17 Place of magistrates’ court trial
3.18 Use of Welsh language at magistrates’ court trial
3.19 Service of prosecution evidence
3.20 Application to dismiss offence sent for Crown Court trial
3.21 Pre-trial hearings in the Crown Court: general rules
3.23 Application for preparatory hearing
3.24 Application for non-jury trial containing information withheld from a defendant
3.25 Representations in response to application for preparatory hearing
3.26 Commencement of preparatory hearing
3.28 Application to stay case for abuse of process
3.29 Application for joint or separate trials, etc.
3.30 Order for joint or separate trials, or amendment of the indictment
3.31 Application for indication of sentence
3.32 Arraigning the defendant on the indictment
3.33 Place of Crown Court trial
3.34 Use of Welsh language at Crown Court trial
PART 4
SERVICE OF DOCUMENTS
4.3 Service by handing over a document
4.4 Service by leaving or posting a document
4.5 Service by document exchange
4.6 Service by electronic means
4.7 Documents that must be served by specified methods
4.8 Service by person in custody
4.10 Documents that may not be served on a legal representative
4.13 Court’s power to give directions about service
PART 5
FORMS AND COURT RECORDS
5.1 Applications, etc. by forms or electronic means
5.5 Recording and transcription of proceedings in the Crown Court
5.7 Supply to a party of information or documents from records or case materials
5.8 Supply to the public, including reporters, of information about cases
5.9 Supply of written certificate or extract from records for use in evidence, etc.
PART 6
REPORTING, ETC. RESTRICTIONS
6.2 Exercise of court’s powers to which this Part applies
6.3 Court’s power to vary requirements under this Part
6.4 Reporting and access restrictions
6.5 Varying or removing restrictions
6.7 Representations in response
6.8 Order about restriction or trial in private
6.9 Sound recording and electronic communication
6.10 Forfeiture of unauthorised sound recording
PART 7
STARTING A PROSECUTION IN A MAGISTRATES’ COURT
7.2 Application for summons, etc.
7.4 Summons, warrant and requisition
PART 8
INITIAL DETAILS OF THE PROSECUTION CASE
8.2 Providing initial details of the prosecution case
8.3 Content of initial details
PART 9
ALLOCATION AND SENDING FOR TRIAL
9.2 Exercise of magistrates’ court’s powers
9.3 Matters to be specified on sending for trial
9.4 Duty of justices’ legal adviser
9.5 Duty of magistrates’ court officer
9.6 Prosecutor’s notice requiring Crown Court trial
9.7 Sending for Crown Court trial
9.8 Adult defendant: request for plea
9.9 Adult defendant: guilty plea
9.10 Adult defendant: not guilty plea
9.11 Adult defendant: allocation for magistrates’ court trial
9.12 Adult defendant: prosecutor’s application for Crown Court trial
9.14 Allocation and sending for Crown Court trial
PART 10
THE INDICTMENT
10.2 The indictment: general rules
10.3 Draft indictment generated electronically on sending for trial
10.4 Draft indictment served by the prosecutor after sending for trial
10.5 Draft indictment served by the prosecutor with a High Court judge’s permission
10.6 Draft indictment approved with deferred prosecution agreement
10.7 Draft indictment served by the prosecutor on re-instituting proceedings
10.8 Draft indictment served by the prosecutor at the direction of the Court of Appeal
10.9 Application to a High Court judge for permission to serve a draft indictment
PART 11
DEFERRED PROSECUTION AGREEMENTS
11.2 Exercise of court’s powers
11.3 Application to approve a proposal to enter an agreement
11.4 Application to approve the terms of an agreement
11.5 Application on breach of agreement
11.6 Application to approve a variation of the terms of an agreement
11.7 Application to lift suspension of prosecution
11.8 Notice to discontinue prosecution
11.9 Application to postpone the publication of information by the prosecutor
11.10 Duty of court officer, etc.
11.11 Court’s power to vary requirements under this Part
PART 12
DISCONTINUING A PROSECUTION
12.3 Defendant’s notice to continue
PART 13
WARRANTS FOR ARREST, DETENTION OR IMPRISONMENT
13.2 Terms of a warrant for arrest
13.3 Terms of a warrant for detention or imprisonment
13.4 Information to be included in a warrant
13.6 Warrants that cease to have effect on payment
13.7 Warrant issued when the court office is closed
PART 14
BAIL AND CUSTODY TIME LIMITS
14.2 Exercise of court’s powers: general
14.3 Duty of justices’ legal adviser
14.4 General duties of court officer
14.5 Prosecutor’s representations about bail
14.6 Reconsideration of police bail by magistrates’ court
14.7 Notice of application to consider bail
14.8 Defendant’s application or appeal to the Crown Court after magistrates’ court bail decision
14.9 Prosecutor’s appeal against grant of bail
14.10 Consideration of bail in a murder case
14.12 Electronic monitoring requirements
14.13 Accommodation or support requirements
14.14 Requirement for a surety or payment, etc.
14.15 Forfeiture of a recognizance given by a surety
14.16 Bail condition to be enforced in another European Union member State
14.17 Enforcement of measure imposed in another European Union member State
14.18 Application to extend a custody time limit
14.19 Appeal against custody time limit decision
14.20 Exercise of court’s powers: extension of pre-charge bail
14.21 Application to authorise extension of pre-charge bail
14.22 Application to withhold information from the defendant
PART 15
DISCLOSURE
15.3 Prosecutor’s application for public interest ruling
15.5 Defendant’s application for prosecution disclosure
15.6 Review of public interest ruling
15.7 Defendant’s application to use disclosed material
15.8 Unauthorised use of disclosed material
15.9 Court’s power to vary requirements under this Part
PART 16
WRITTEN WITNESS STATEMENTS
16.2 Content of written witness statement
16.4 Written witness statement in evidence
PART 17
WITNESS SUMMONSES, WARRANTS AND ORDERS
17.2 Issue etc. of summons, warrant or order with or without a hearing
17.3 Application for summons, warrant or order: general rules
17.4 Written application: form and service
17.5 Application for summons to produce a document, etc.: special rules
17.7 Application to withdraw a summons, warrant or order
17.8 Court’s power to vary requirements under this Part
PART 18
MEASURES TO ASSIST A WITNESS OR DEFENDANT TO GIVE EVIDENCE
18.3 Making an application for a direction or order
18.5 Court’s power to vary requirements under this Part
18.7 Declaration by intermediary
18.8 Exercise of court’s powers
18.9 Special measures direction without application
18.10 Content of application for a special measures direction
18.11 Application to vary or discharge a special measures direction
18.12 Application containing information withheld from another party
18.13 Representations in response
18.14 Exercise of court’s powers
18.15 Content of application for a defendant’s evidence direction
18.16 Application to vary or discharge a defendant’s evidence direction
18.17 Representations in response
18.18 Exercise of court’s powers
18.19 Content and conduct of application for a witness anonymity order
18.20 Duty of court officer to notify the Director of Public Prosecutions
18.21 Application to vary or discharge a witness anonymity order
18.22 Representations in response
18.23 Exercise of court’s powers
18.24 Content of application for a live link direction
18.25 Application to discharge a live link direction, etc.
18.26 Representations in response
PART 19
EXPERT EVIDENCE
19.2 Expert’s duty to the court
19.3 Introduction of expert evidence
19.4 Content of expert’s report
19.5 Expert to be informed of service of report
19.6 Pre-hearing discussion of expert evidence
19.7 Court’s power to direct that evidence is to be given by a single joint expert
19.8 Instructions to a single joint expert
19.9 Application to withhold information from another party
19.10 Court’s power to vary requirements under this Part
PART 20
HEARSAY EVIDENCE
20.2 Notice to introduce hearsay evidence
20.3 Opposing the introduction of hearsay evidence
20.4 Unopposed hearsay evidence
20.5 Court’s power to vary requirements under this Part
PART 21
EVIDENCE OF BAD CHARACTER
21.2 Content of application or notice
21.3 Application to introduce evidence of a non-defendant’s bad character
21.4 Notice to introduce evidence of a defendant’s bad character
21.6 Court’s power to vary requirements under this Part
PART 22
EVIDENCE OF A COMPLAINANT’S PREVIOUS SEXUAL BEHAVIOUR
22.2 Exercise of court’s powers
22.4 Application for permission to introduce evidence or cross-examine
22.5 Application containing information withheld from another party
22.6 Representations in response
22.7 Special measures, etc. for a witness
22.8 Court’s power to vary requirements under this Part
PART 23
RESTRICTION ON CROSS-EXAMINATION BY A DEFENDANT
23.2 Appointment of advocate to cross-examine witness
23.3 Exercise of court’s powers
23.4 Application to prohibit cross-examination
23.5 Application to discharge prohibition imposed by the court
23.6 Application containing information withheld from another party
23.7 Representations in response
23.8 Court’s power to vary requirements
PART 24
TRIAL AND SENTENCE IN A MAGISTRATES’ COURT
24.3 Procedure on plea of not guilty
24.4 Evidence of a witness in person
24.5 Evidence of a witness in writing
24.7 Procedure on plea of guilty
24.8 Written guilty plea: special rules
24.9 Single justice procedure: special rules
24.10 Application to withdraw a guilty plea
24.11 Procedure if the court convicts
24.12 Procedure where a party is absent
24.13 Provision of documents for the court
24.14 Duty of justices’ legal adviser
PART 25
TRIAL AND SENTENCE IN THE CROWN COURT
25.2 General powers and requirements
25.3 Application for ruling on procedure, evidence or other question of law
25.4 Procedure on plea of guilty
25.5 Application to vacate a guilty plea
25.9 Procedure on plea of not guilty
25.10 Defendant unfit to plead
25.11 Evidence of a witness in person
25.12 Evidence of a witness in writing
25.14 Directions to the jury and taking the verdict
25.15 Conviction or acquittal without a jury
25.16 Procedure if the court convicts
25.17 Provision of documents for the court
PART 26
JURORS
26.1 Appeal against officer’s refusal to excuse or postpone jury service
26.2 Excusal from jury service by court
26.3 Provision of information for jurors
26.4 Assessment of juror’s availability for long trial, etc.
26.5 Surrender of electronic communication devices by jurors
PART 27
RETRIAL AFTER ACQUITTAL
27.2 Application for certificate
27.3 Application for reporting restriction pending application for order for retrial
27.4 Application for order for retrial
27.6 Application to Crown Court for summons or warrant
27.7 Application of other rules about procedure in the Court of Appeal
PART 28
SENTENCING PROCEDURES IN SPECIAL CASES
28.1 Reasons for not following usual sentencing requirements
28.2 Notice of requirements of suspended sentence and community, etc. orders
28.3 Notification requirements
28.5 Application to vary or discharge a compensation, etc. order
28.6 Application to remove, revoke or suspend a disqualification or restriction
28.7 Application for a restitution order by the victim of a theft
28.8 Directions for commissioning medical reports for sentencing purposes
28.9 Information to be supplied on committal to custody or admission to hospital or guardianship
28.10 Information to be supplied on committal for sentence, etc.
28.11 Application to review sentence because of assistance given or withheld
PART 29
ROAD TRAFFIC PENALTIES
29.1 Representations about obligatory disqualification or endorsement
29.2 Application to remove a disqualification from driving
29.3 Information to be supplied on order for endorsement of driving record, etc.
29.4 Statutory declaration to avoid fine after fixed penalty notice
29.5 Application for declaration about a course or programme certificate decision
29.6 Appeal against recognition of foreign driving disqualification
PART 30
ENFORCEMENT OF FINES AND OTHER ORDERS FOR PAYMENT
30.2 Exercise of court’s powers
30.4 Appeal against decision of fines officer
30.5 Application to reduce a fine, vary payment terms or remit a courts charge
30.6 Claim to avoid fine after penalty notice
30.7 Information to be included in a warrant of control
30.8 Warrant of control: application by enforcement agent for extension of time, etc.
30.9 Warrant of control: application to resolve dispute
30.10 Financial penalties imposed in other European Union member States
PART 31
BEHAVIOUR ORDERS
31.2 Behaviour orders: general rules
31.3 Application for behaviour order and notice of terms of proposed order: special rules
31.4 Evidence to assist the court: special rules
31.5 Application to vary or revoke behaviour order
31.6 Notice of hearsay evidence
31.7 Cross-examination of maker of hearsay statement
31.8 Credibility and consistency of maker of hearsay statement
31.9 European protection order to be given effect in another EU member State
31.10 Giving effect to a European protection order made in another EU member State
31.11 Court’s power to vary requirements under this Part
PART 32
BREACH, REVOCATION AND AMENDMENT OF COMMUNITY AND OTHER ORDERS
32.2 Application by responsible officer or supervisor
32.3 Application by defendant or person affected
32.4 Procedure on application by responsible officer or supervisor
PART 33
CONFISCATION AND RELATED PROCEEDINGS
33.4 Application for registration of Scottish or Northern Ireland order
33.5 Application to vary or set aside registration
33.8 Use of witness statements for other purposes
33.10 Service outside the jurisdiction
33.12 External requests and orders
33.13 Statements in connection with confiscation orders
33.14 Application for compliance order
33.15 Application for reconsideration
33.16 Application for new calculation of available amount
33.17 Variation of confiscation order due to inadequacy of available amount
33.18 Application by magistrates’ court officer to discharge confiscation order
33.19 Application for variation of confiscation order made against an absconder
33.20 Application for discharge of confiscation order made against an absconder
33.21 Application for increase in term of imprisonment in default
33.23 Compensation – confiscation order made against absconder
33.24 Payment of money held or detained in satisfaction of confiscation order
33.25 Application to realise seized property
33.26 Appeal about decision on application to realise seized property
33.27 Application for direction about surplus proceeds
33.28 Application for approval to seize property or to search
33.29 Application to extend detention period
33.30 Application to vary or discharge order for extended detention
33.31 Appeal about property detention decision
33.32 Taking control of goods and forfeiture
33.34 Applications to be dealt with in writing
33.36 Power of court to control evidence
33.40 Disclosure and inspection of documents
33.44 Supply of documents from court records
33.45 Disclosure of documents in criminal proceedings
33.46 Preparation of documents
33.49 Time for complying with an order for costs
33.50 Application of costs rules
33.51 Application for restraint order or ancillary order
33.52 Restraint and ancillary orders
33.56 Application for appointment of a management or an enforcement receiver
33.57 Application for conferral of powers on a management receiver or an enforcement receiver
33.59 Sums in the hands of receivers
33.63 Non-compliance by receiver
33.64 Statements, etc. relevant to making confiscation orders
33.65 Postponed determinations
33.66 Confiscation orders – revised assessments
33.67 Application to the Crown Court to discharge or vary order to make material available
33.68 Application to the Crown Court for increase in term of imprisonment in default of payment
33.69 Drug trafficking – compensation on acquittal in the Crown Court
33.70 Application to punish for contempt of court
PART 34
APPEAL TO THE CROWN COURT
34.2 Service of appeal and respondent’s notices
34.3 Form of appeal and respondent’s notices
34.4 Duty of magistrates’ court officer
34.5 Duty of person keeping exhibit
34.6 Reference by the Criminal Cases Review Commission
34.10 Court’s power to vary requirements under this Part
34.11 Constitution of the Crown Court
PART 35
APPEAL TO THE HIGH COURT BY CASE STATED
35.2 Application to state a case
35.3 Preparation of case stated
35.4 Duty of justices’ legal adviser
35.5 Court’s power to vary requirements under this Part
PART 36
APPEAL TO THE COURT OF APPEAL: GENERAL RULES
36.2 Case management in the Court of Appeal
36.3 Power to vary requirements
36.4 Application for extension of time
36.5 Renewing an application refused by a judge or the Registrar
36.7 Notice of hearings and decisions
36.8 Duty of Crown Court officer
36.9 Duty of person transcribing proceedings in the Crown Court
36.10 Duty of person keeping exhibit
36.11 Registrar’s duty to provide copy documents for appeal or reference
36.12 Declaration of incompatibility with a Convention right
36.14 Grounds of appeal and opposition
36.15 Reopening the determination of an appeal
PART 37
APPEAL TO THE COURT OF APPEAL AGAINST RULING AT PREPARATORY HEARING
37.4 Crown Court judge’s permission to appeal
37.6 Powers of Court of Appeal judge
PART 38
APPEAL TO THE COURT OF APPEAL AGAINST RULING ADVERSE TO PROSECUTION
38.5 Crown Court judge’s permission to appeal
38.9 Powers of Court of Appeal judge
PART 39
APPEAL TO THE COURT OF APPEAL ABOUT CONVICTION OR SENTENCE
39.4 Crown Court judge’s certificate that case is fit for appeal
39.5 Reference by Criminal Cases Review Commission
39.8 Application for bail, or to suspend a disqualification or order, pending appeal or retrial
39.9 Conditions of bail pending appeal or retrial
39.10 Forfeiture of a recognizance given as a condition of bail
39.12 Power to vary determination of appeal against sentence
39.13 Directions about re-admission to hospital on dismissal of appeal
39.14 Renewal or setting aside of order for retrial
PART 40
APPEAL TO THE COURT OF APPEAL ABOUT REPORTING OR PUBLIC ACCESS RESTRICTION
40.4 Advance notice of appeal against order restricting public access
40.5 Duty of applicant for order restricting public access
40.6 Respondent’s notice on appeal against reporting restriction
40.8 Right to introduce evidence
PART 41
REFERENCE TO THE COURT OF APPEAL OF POINT OF LAW OR UNDULY LENIENT SENTENCING
41.2 Service of notice of reference and application for permission
41.3 Form of notice of reference and application for permission
41.5 Variation or withdrawal of notice of reference or application for permission
41.7 Anonymity of defendant on reference of point of law
PART 42
APPEAL TO THE COURT OF APPEAL IN CONFISCATION AND RELATED PROCEEDINGS
42.3 Examination of witness by court
42.4 Supply of documentary and other exhibits
42.5 Registrar’s power to require information from court of trial
42.7 Determination by full court
42.9 Record of proceedings and transcripts
42.10 Appeal to the Supreme Court
42.13 Amendment and abandonment of appeal
42.17 Amendment and abandonment of appeal
42.19 Striking out appeal notices and setting aside or imposing conditions on permission to appeal
PART 43
APPEAL OR REFERENCE TO THE SUPREME COURT
43.2 Application for permission or reference
43.3 Determination of detention pending appeal, etc.
PART 44
REOPENING A CASE IN A MAGISTRATES’ COURT
44.2 Statutory declaration of ignorance of proceedings
44.3 Setting aside a conviction or varying a costs, etc. order
PART 45
COSTS
45.2 Costs orders: general rules
45.3 Court’s power to vary requirements
45.4 Costs out of central funds
45.5 Costs on conviction and sentence, etc.
45.8 Costs resulting from unnecessary or improper act, etc.
45.9 Costs against a legal representative
45.10 Costs against a third party
45.11 Assessment and re-assessment
45.13 Appeal to a High Court judge
45.14 Application for an extension of time
PART 46
REPRESENTATIVES
46.1 Functions of representatives and supporters
46.2 Notice of appointment, etc. of legal representative: general rules
46.3 Application to change legal representative: legal aid
PART 47
INVESTIGATION ORDERS AND WARRANTS
47.2 Meaning of ‘court’, ‘applicant’ and ‘respondent’
47.3 Documents served on the court officer
47.4 When this Section applies
47.5 Exercise of court’s powers
47.6 Application for order: general rules
47.7 Application containing information withheld from a respondent or other person
47.8 Application to vary or discharge an order
47.9 Application to punish for contempt of court
47.10 Application for a production order under the Police and Criminal Evidence Act 1984
47.11 Application for an order under the Terrorism Act 2000
47.12 Content of application for a production etc. order under the Terrorism Act 2000
47.14 Content of application for an explanation order under the Terrorism Act 2000
47.15 Content of application for a customer information order under the Terrorism Act 2000
47.16 Content of application for an account monitoring order under the Terrorism Act 2000
47.17 Application for an order under the Proceeds of Crime Act 2002
47.18 Content of application for a production order under the Proceeds of Crime Act 2002
47.19 Content of application for an order to grant entry under the Proceeds of Crime Act 2002
47.21 Content of application for a customer information order under the Proceeds of Crime Act 2002
47.22 Content of application for an account monitoring order under the Proceeds of Crime Act 2002
47.23 Application for a production order under the Extradition Act 2003
47.24 When this Section applies
47.25 Exercise of court’s powers
47.26 Application for warrant: general rules
47.27 Information to be included in a warrant
47.28 Application for warrant under section 8 of the Police and Criminal Evidence Act 1984
47.29 Application for warrant under section 2 of the Criminal Justice Act 1987
47.31 Application for warrant under paragraph 11 of Schedule 5 to the Terrorism Act 2000
47.32 Application for warrant under section 352 of the Proceeds of Crime Act 2002
47.33 Application for warrant under section 160 of the Extradition Act 2003
47.34 Application for warrant under any other power
47.35 When this Section applies
47.36 Exercise of court’s powers
47.37 Application for an order under section 1 of the Police (Property) Act 1897
47.38 Application for an order under section 59 of the Criminal Justice and Police Act 2001
47.39 Application containing information withheld from another party
47.40 Representations in response
47.41 Application to punish for contempt of court
47.42 When this Section applies
47.43 Exercise of court’s powers
47.44 Application to extend retention period
47.46 When this Section applies
47.47 Exercise of court’s powers
47.48 Application for an investigation anonymity order
47.49 Application to discharge an investigation anonymity order
47.51 When this Section applies
47.52 Exercise of court’s powers
47.53 Application for approval for authorisation or notice
47.54 When this Section applies
47.55 Exercise of court’s powers
47.56 Application for an order for access
47.57 Application containing information withheld from a respondent or other person
47.58 Application to punish for contempt of court
47.59 When this Section applies
47.60 Exercise of court’s powers
47.61 Application to make, vary or revoke a European investigation order
47.62 When this Section applies
47.63 Exercise of court’s powers
47.64 Application for extension of moratorium period
47.65 Application containing information withheld from a respondent
47.66 When this Section applies
47.67 Exercise of court’s powers
47.69 Application to vary or revoke an order
47.70 Application containing information withheld from a respondent or other person
47.71 Application to punish for contempt of court
PART 48
CONTEMPT OF COURT
48.2 Exercise of court’s power to deal with contempt of court
48.3 Notice of suspension of imprisonment by Court of Appeal or Crown Court
48.4 Application to discharge an order for imprisonment
48.5 Initial procedure on obstruction, disruption, etc.
48.6 Review after temporary detention
48.9 Initial procedure on failure to comply with court order, etc.
48.11 Introduction of written witness statement or other hearsay
48.12 Content of written witness statement
48.13 Content of notice of other hearsay
48.14 Cross-examination of maker of written witness statement or other hearsay
48.15 Credibility and consistency of maker of written witness statement or other hearsay
48.16 Magistrates’ courts’ powers to adjourn, etc.
48.17 Court’s power to vary requirements
PART 49
INTERNATIONAL CO-OPERATION
49.1 Notice required to accompany process served outside the United Kingdom and translations
49.2 Proof of service outside the United Kingdom
49.3 Supply of copy of notice of request for assistance abroad
49.5 Record of proceedings to receive evidence before a nominated court
49.6 Interpreter for the purposes of proceedings involving a television or telephone link
49.7 Record of television link hearing before a nominated court
49.8 Record of telephone link hearing before a nominated court
49.10 Overseas freezing orders
49.11 Overseas forfeiture orders
49.12 Overseas restraint orders
49.13 Overseas confiscation orders
49.14 Giving effect to a European investigation order for the receipt of oral evidence
49.15 Giving effect to a European investigation order for hearing a person by live link
PART 50
EXTRADITION
50.2 Special objective in extradition proceedings
50.3 Exercise of magistrates’ court’s powers
50.4 Case management in the magistrates’ court and duty of court officer
50.5 Preliminary hearing after arrest
50.7 Discharge where warrant withdrawn
50.9 Preliminary hearing after arrest
50.10 Issue of provisional arrest warrant
50.11 Preliminary hearing after provisional arrest
50.12 Arrangement of extradition hearing after provisional arrest
50.14 Discharge where extradition request withdrawn
50.15 Introduction of additional evidence
50.16 Defendant’s application to be discharged
50.17 Exercise of the High Court’s powers
50.18 Case management in the High Court
50.19 Service of appeal notice
50.22 Renewing an application for permission to appeal, restoring excluded grounds, etc.
50.24 Early termination of appeal: order by consent, etc.
50.25 Application for permission to appeal to the Supreme Court
50.26 Determination of detention pending appeal to the Supreme Court against discharge
50.27 Reopening the determination of an appeal
50.28 Declaration of incompatibility with a Convention right
50.29 Duties of court officers
50.30 Constitution of the High Court
50.31 Payment of High Court fees
50.32 Application for consent to deal with another offence or for consent to further extradition
Glossary
PART 39APPEAL TO THE COURT OF APPEAL ABOUT CONVICTION OR SENTENCE
Introducing evidence39.7.
(1)
The following Parts apply with such adaptations as the court or the Registrar may direct—
(a)
Part 16 (Written witness statements);
(b)
Part 18 (Measures to assist a witness or defendant to give evidence);
(c)
Part 19 (Expert evidence);
(d)
Part 20 (Hearsay evidence);
(e)
Part 21 (Evidence of bad character); and
(f)
Part 22 (Evidence of a complainant’s previous sexual behaviour).
(2)
But the general rule is that—
(a)
a respondent who opposes an appellant’s application or notice to which one of those Parts applies must do so in the respondent’s notice, with reasons;
(b)
an appellant who opposes a respondent’s application or notice to which one of those Parts applies must serve notice, with reasons, on—
(i)
the Registrar, and
(ii)
the respondent
not more than 10 business days after service of the respondent’s notice; and
(c)
the court or the Registrar may give directions with or without a hearing.
(3)
A party who wants the court to order the production of a document, exhibit or other thing connected with the proceedings must—
(a)
identify that item; and
(b)
explain—
(i)
how it is connected with the proceedings,
(ii)
why its production is necessary for the determination of the case, and
(iii)
to whom it should be produced (the court, appellant or respondent, or any two or more of them).
(4)
A party who wants the court to order a witness to attend to be questioned must—
(a)
identify the proposed witness;
(b)
explain—
(i)
what evidence the proposed witness can give,
(ii)
why that evidence is capable of belief,
(iii)
if applicable, why that evidence may provide a ground for allowing the appeal,
(iv)
on what basis that evidence would have been admissible in the case which is the subject of the application for permission to appeal or appeal, and
(v)
why that evidence was not introduced in that case; and
(c)
where the court can exercise a power to which Part 18 (Measures to assist a witness or defendant to give evidence) applies, provide any information that the court may need to assess—
(i)
the measure or measures likely to maximise so far as practicable the quality of the witness’ evidence, and
(ii)
the witness’ own views.
(5)
Where the court orders a witness to attend to be questioned, the witness must attend the hearing of the application for permission to appeal or of the appeal, as applicable, unless the court otherwise directs.
(6)
Where the court orders a witness to attend to be questioned before an examiner on the court’s behalf, the court must identify the examiner and may give directions about—
(a)
the time and place, or times and places, at which that questioning must be carried out;
(b)
the manner in which that questioning must be carried out, in particular as to—
(i)
the service of any report, statement or questionnaire in preparation for the questioning,
(ii)
the sequence in which the parties may ask questions, and
(iii)
if more than one witness is to be questioned, the sequence in which those witnesses may be questioned; and
(c)
the manner in which, and when, a record of the questioning must be submitted to the court.
(7)
Where the court orders the questioning of a witness before an examiner, the court may delegate to that examiner the giving of directions under paragraph (6)(a), (b) and (c).
[Note. An application to introduce evidence or for directions about evidence must be included in, or attached to, an appeal notice or a respondent’s notice: see rules 39.3(1)(e)(v), (vi) and 39.6(6)(f)(iv), (v).